5 year old sofa - repaired twice before - broken again

panthony

GreatBeyond wrote: »

The fact that they never made you obtain an independent report to show the issue was a manufacturing defect was an act of goodwill.

But, as stated already, they did have their own investigation done by their own repairer which found that the product was defective or faulty. That is why THEY fixed it twice before, albeit unsatisfactorily fixed it...

So why do I now need to go and get another report at my own expense, which will just show the same as theirs did previously, that the springs are/were defective.

Does giving a goodwill gesture mean that the company can waive its legal obligations under the Sale of Goods Act 1979 ?

Sorry, it just does not make common sense to me...

GreatBeyond

daveyjp wrote: »

Unfortunately in the land of sofas you get what you pay for and whilst £550 is not a small amount of money, it is at the low end of what you have to pay to get anything of good quality.

Of the £550, about 50% is the VAT and retailer markup, so you actually have a sofa which cost £225 - not a lot money for quality materials, even if they are put together very well and there are no manufacturing defects.

Rather than argue with posters you would now be far better using your time preparing a letter of complaint with notice of what you want putting right.

If they don't act have it repaired at your expense and take them to small claims court.

I would agree with this as advice tbh.

In general terms though how would the court view a claim like this, the retailer has clearly said if you want us to take any further action obtain an independent report to show that the fault has been caused by a manufacturing defect?

GreatBeyond

panthony wrote: »

But, as stated already, they did have their own investigation done by their own repairer which found that the product was defective or faulty. That is why THEY fixed it twice before, albeit unsatisfactorily fixed it...

So why do I now need to go and get another report at my own expense, which will just show the same as theirs did previously, that the springs are/were defective.

Sorry, it just does not make common sense to me...

Sorry, I'm not disputing that.

What I am saying is that the company would at the outset have been within their rights to do nothing until you obtained a report to show that it was a manufacturing fault causing the defect.

The fact that they did this on their own was an act of goodwill.

LilElvis

If you want the company to repair the sofa then you need to obtain a report in support of your claim. The fact that the sofa was fixed 18 months ago after a representative of the company prepared a report does not mean that a new one isn't required. After all, you have admitted that your children have been jumping on it, so the damage may be as a result of misuse.

GreatBeyond

panthony wrote: »

But, as stated already, they did have their own investigation done by their own repairer which found that the product was defective or faulty. That is why THEY fixed it twice before, albeit unsatisfactorily fixed it...

So why do I now need to go and get another report at my own expense, which will just show the same as theirs did previously, that the springs are/were defective.

Does giving a goodwill gesture mean that the company can waive its legal obligations under the Sale of Goods Act 1979 ?

Sorry, it just does not make common sense to me...

From the Which website about the sale of goods act:

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

Proving your claim for faulty goods

If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear.


If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.


For example, by showing that the problem was caused by an external factor such as accidental damage.

panthony

GreatBeyond wrote: »

Sorry, I'm not disputing that.

What I am saying is that the company would at the outset have been within their rights to do nothing until you obtained a report to show that it was a manufacturing fault causing the defect.

The fact that they did this on their own was an act of goodwill.

Okay, thanks for clearing that up. I guess I'll just get my local repairer to put his professional opinion in writing for me then. I'll forward it on to Kay&co and their repairers Homeserve and see what response I get.
However, what if they then dispute the opinion obtained by my local repairer? Would that mean a trip to the small claims court?

GreatBeyond

panthony wrote: »

Okay, thanks for clearing that up. I guess I'll just get my local repairer to put his professional opinion in writing for me then. I'll forward it on to Kay&co and their repairers Homeserve and see what response I get.
However, what if they then dispute the opinion obtained by my local repairer? Would that mean a trip to the small claims court?

It could be, yeah. Hopefully not though.

LilElvis

panthony wrote: »

Okay, thanks for clearing that up. I guess I'll just get my local repairer to put his professional opinion in writing for me then. I'll forward it on to Kay&co and their repairers Homeserve and see what response I get.
However, what if they then dispute the opinion obtained by my local repairer? Would that mean a trip to the small claims court?

Then ensure that your local repairer has the credentials to ensure that his report will stand up in court.

unholyangel

panthony wrote: »

Giving a goodwill gesture does not necessarily mean that the company can waive its legal obligations construed under the Sale of Goods Act 1979 ,or does it?

They aren't trying to get out of their legal obligations though - they've said if you get a report and send it to head office, they'll look at it.

However bear in mind this may not be a replacement or repair - it could be a partial refund to take into account use you have had....on a 5 year old sofa for £550....tbh I'd expect a nominal amount if you're lucky to get anything at all - personally I'd say its lasted a reasonable length of time - especially with young children in the house!

societys_child

especially with young children in the house!

Especially young children who use it as a trampoline . . .